105468 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

Section 8.15: Air Pollution Incident 

Emergency (Effective 3/9/2018) 

Section 8.30: Severability (Effective 3/9/ 

2018) 

* * * * * 

[FR Doc. 2024–30800 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R10–OAR–2023–0224; FRL–10859– 

02–R10] 

Partial Approval, Partial Disapproval 

and Promulgation of State Plans for 

Designated Facilities and Pollutants; 

Spokane Regional Clean Air Agency; 

Control of Emissions From Existing 

Large Municipal Waste Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

partially approve and partially 

disapprove a July 18, 2022, Clean Air 

Act (CAA) State Plan submitted by the 

Spokane Regional Clean Air Agency 

(SRCAA) to establish emission limits for 

existing large municipal waste 

combustors (MWC) and to provide for 

the implementation and enforcement of 

these limits. SRCAA submitted this 

State Plan to fulfill its requirements 

under the CAA in response to the EPA’s 

May 10, 2006, promulgation of 

Emissions Guidelines and Compliance 

Times for Large MWC Constructed on or 

before September 20, 1994 (Emission 

Guidelines). The EPA is partially 

approving the State Plan because it 

meets the requirements of the Emission 

Guidelines for existing large MWC 

known to operate in Spokane County, 

Washington. The EPA is partially 

disapproving the State Plan because it 

omits requirements for fluidized bed 

combustors and air curtain incinerators, 

which are required elements of a State 

Plan. This action is being taken under 

the CAA. 

DATES: This rule is effective on January 

27, 2025. The incorporation by reference 

of certain material listed in the rule is 

approved by the Director of the Federal 

Register as of January 27, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2023–0224. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Holtrop (he/him), at (206) 553– 

4473 or by email at holtrop.bryan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 13, 2023 (88 FR 86312), 

the EPA proposed to approve a section 

111(d) State Plan submitted by the 

SRCAA on July 18, 2022, for existing 

large municipal waste combustors. 

SRCAA’s submitted State Plan was in 

response to the May 10, 2006, 

promulgation of the amended emission 

guidelines (EG) requirements for Large 

MWC, 40 CFR part 60, subpart Cb (71 

FR 27324). Included within the State 

Plan are regulations under SRCAA 

Regulation I, Article VI, Section 6.17, 

entitled ‘‘Standards for Municipal Solid 

Waste Combustors,’’ effective July 7, 

2022. On July 18, 2022, SRCAA 

submitted the State Plan. 

We proposed to partially approve this 

plan because we determined that it 

complies with the relevant CAA 

requirements, except requirements 

applicable to fluidized bed combustors 

and air curtain incinerators. Because 

these requirements were omitted, we 

also proposed to partially disapprove 

the State Plan submittal. Our proposed 

action contains more information on the 

plan and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

For the reasons discussed in our 

proposed rulemaking and in this action, 

we are finalizing the partial approval 

and partial disapproval of SWCAA’s 

State Plan for large MWC, which 

includes SRCAA Regulation I, Article 

VI, Section 6.17, effective July 7, 2022. 

Upon the effective date of this action, 

SWCAA’s State Plan will apply to 

designated large MWC, as defined in 40 

CFR 60.32b, in Spokane County, 

Washington, with the exception of 

fluidized bed combustors and air 

curtain incinerators, which will remain 

subject to Federal Plan requirements 

under 40 CFR part 62, subpart FFF. We 

are finalizing this approval because we 

have determined the State Plan meets 

the applicable requirements under 40 

CFR part 60, subparts B and Cb, except 

for the requirements noted as the basis 

for our partial disapproval above. 

IV. Incorporation by Reference 

In accordance with the requirements 

of 1 CFR 51.5, the EPA is finalizing 

regulatory text that includes the 

incorporation by reference of SRCAA 

Regulation I, Article VI, Section 6.17, 

‘‘Standards for Municipal Solid Waste 

Combustors’’ with an effective date of 

July 7, 2022. These regulatory 

provisions are part of the CAA State 

Plan applicable to existing Large MWC 

in Spokane County, Washington as 

discussed in Section I of this preamble. 

They establish requirements related to 

emission limitations, compliance times, 

testing, monitoring, reporting, and 

recordkeeping applicable to Large MWC 

in Spokane County, Washington that 

commenced construction on or before 

September 20, 1994. These provisions 

set forth requirements meeting criteria 

required by the amended Emissions 

Guidelines for existing Large MWC 

codified at 40 CFR part 60, subpart Cb. 

The EPA has made, and will continue 

to make, the entire SRCAA State Plan, 

generally available through https://

www.regulations.gov, Docket No. EPA– 

R10–OAR–2023–0224, and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). This 

incorporation by reference has been 

approved by the Office of the Federal 

Register, and the State Plan is Federally 

enforceable under the CAA as of the 

effective date of this final rule. 

V. Statutory and Executive Order 

Reviews 

In reviewing State Plan submissions, 

the EPA’s role is to approve State 

choices, provided that they meet the 

criteria of the CAA. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 


khammond on DSK9W7S144PROD with RULES
Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105469 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements Executive 

Order 12898 and defines EJ as, among 

other things, the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, or Tribal affiliation, or 

disability in agency decision-making 

and other Federal activities that affect 

human health and the environment.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its submittal; the Clean Air Act 

and applicable implementing 

regulations neither prohibit nor require 

such an evaluation. The EPA did not 

perform an EJ analysis and did not 

consider EJ in this action. Due to the 

nature of this action, it is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Order 

12898 of achieving environmental 

justice for communities with EJ 

concerns. 

In addition, the SRCAA State Plan is 

not approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian Tribe has 

demonstrated that a Tribe has 

jurisdiction. In those areas of Indian 

country, this rule would not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 25, 

2025. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Waste 

treatment and disposal. 

Dated: December 17, 2024. 

Daniel Opalski, 

Acting Regional Administrator, Region 10. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Add §§ 62.11880, 62.11881, and 

61.18822 to subpart WW to read as 

follows: 

Subpart WW—Washington 

Sec. 

62.11880 Identification of plan—Spokane 

Regional Clean Air Agency. 

62.11881 Identification of sources— 

Spokane Regional Clean Air Agency. 

62.11882 Effective date—Spokane Regional 

Clean Air Agency. 

* * * * * 

§ 62.11880 Identification of plan—Spokane 

Regional Clean Air Agency. 

(a) The plan for the control of 

emissions from existing large municipal 

waste combustors, submitted by the 

Spokane Regional Clean Air Agency on 

July 18, 2022, to implement the 

emission guideline of 40 CFR part 60, 

subpart Cb, applies to all existing Large 

MWC in Spokane County, Washington 

meeting the requirements as stated in 

their State regulations. The plan 

includes the regulatory provisions cited 

in paragraph (b)(2) of this section, 

which the EPA incorporates by 

reference. 

(b)(1) The material incorporated by 

reference in this section was approved 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

from the EPA Docket Center—Public 

Reading Room, EPA West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004, (202) 566– 

1744; the U.S. EPA, Region 10 office, 

(206) 553–1200; or the source in 

paragraph (b)(2) of this section. You 

may inspect the material at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

visit www.archives.gov/federal-register/ 

cfr/ibr-locations or email fr.inspection@

nara.gov. 

(2) Spokane Regional Clean Air 

Agency, 1610 S Technology Blvd., Suite 

101, Spokane, WA 99224; phone: (509) 


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105470 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

477–4727; website: https://spokane

cleanair.org. 

(i) SRCAA Regulation I, Article VI, 

Section 6.17: Standards for Municipal 

Solid Waste Combustors, effective July 

7, 2022. 

(ii) [Reserved] 

§ 62.11881 Identification of sources— 

Spokane Regional Clean Air Agency. 

The plan in § 62.11880 applies to all 

existing large municipal waste 

combustors in the Spokane County, 

Washington, excluding Indian country, 

constructed on or before September 20, 

1994. 

§ 62.11882 Effective date—Spokane 

Regional Clean Air Agency. 

The effective date of the plan 

identified in § 62.11880 and submitted 

on July 18, 2022, by the Spokane 

Regional Clean Air Agency for existing 

large municipal waste combustors is 

January 27, 2025. 

[FR Doc. 2024–30535 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0596; FRL–12457–01– 

OCSPP] 

Ethiprole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance (without U.S. registrations) for 

residues of ethiprole in or on sugarcane. 

Bayer CropScience LP requested this 

tolerance under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

December 27, 2024. Objections and 

requests for hearings must be received 

on or before February 25, 2025 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0596, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I Get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Federal Register Office’s e-CFR site 

at https://www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0596 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

February 25, 2025. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0596, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, are available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of July 1, 2024 

(89 FR 54398) (FRL–11682–05–OCSPP), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 3F9067) by Bayer 

CropScience LP, 800 N Lindbergh Blvd., 

St. Louis, MO 63167. The petition 

requested to amend 40 CFR part 180 by 

establishing a tolerance for residues of 

ethiprole in or on the raw agricultural 

commodity sugarcane at 0.1 parts per 

million (ppm). 

That document referenced a summary 

of the petition, which is available in the 

docket, http://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. Based 

upon review of the data supporting the 

petition, EPA has revised the tolerance 

from 0.1 ppm to 0.07 ppm. The reason 

for this change is explained in Unit 

IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 


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